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File #: 21-0941    Version: 1 Name: Appeal of PC Approval of CUP 3680
Type: Agenda Item Status: Morning Session
File created: 9/8/2021 In control: Public Works & Planning
On agenda: 11/2/2021 Final action: 11/2/2021
Enactment date: Enactment #:
Title: 1. Consider appeal of Planning Commission's Approval of Unclassified Conditional Use Permit Application 3680 proposing to allow the development and operation of a restaurant, convenience store and gas station on a 2.62-acre parcel within the Interstate Freeway Interchange Area in the AE-40 (Exclusive Agricultural, 40-acre minimum parcel size) Zone District; and 2. If the Appeal is denied and the Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3680 is upheld: a. Adopt the Mitigation Negative Declaration and Mitigation Monitoring and Reporting Program prepared based on Initial Study No. 7877 with the recommended Mitigation Measures and Conditions of Approval, but without the additional condition imposed by the Planning Commission; and b. Make the required findings specified in Section 873(F) for approval of Classified Conditional Use Permit Application 3680. c. Adopt a Resolution approving Classified Conditional Use Permit Application 3680 to al...
Attachments: 1. Agenda Item, 2. Attachments A - C, 3. Resolution, 4. Additional Information
DATE: November 2, 2021

TO: Board of Supervisors

SUBMITTED BY: Steve E. White, Director
Department of Public Works and Planning

SUBJECT: Appeal Planning Commission approval of Unclassified Conditional Use Permit No. 3680 (Applicant: Deepinder S. Grewal; Appellant: Chase, Inc. and J.S.T., LLC.)

RECOMMENDED ACTION(S):
TITLE
1. Consider appeal of Planning Commission's Approval of Unclassified Conditional Use Permit Application 3680 proposing to allow the development and operation of a restaurant, convenience store and gas station on a 2.62-acre parcel within the Interstate Freeway Interchange Area in the AE-40 (Exclusive Agricultural, 40-acre minimum parcel size) Zone District; and

2. If the Appeal is denied and the Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3680 is upheld:

a. Adopt the Mitigation Negative Declaration and Mitigation Monitoring and Reporting Program prepared based on Initial Study No. 7877 with the recommended Mitigation Measures and Conditions of Approval, but without the additional condition imposed by the Planning Commission; and

b. Make the required findings specified in Section 873(F) for approval of Classified Conditional Use Permit Application 3680.

c. Adopt a Resolution approving Classified Conditional Use Permit Application 3680 to allow the development and operation of a restaurant, convenience store and gas station.

The project site is located in the northwest quadrant of the Panoche Road and Interstate 5 Freeway Commercial Interchange Area, approximately 15 miles southwest of the City of Mendota (APN: 027-190-05S) (46272 W. Panoche Road).
REPORT
The request before your Board is an appeal of the Planning Commission's approval of the subject application based on a motion to approve the item (6 to 0, three Commissioners absent) at its August 12, 2021 hearing. The Zoning Ordinance requires your Board to determine, independent from the decision of the Planning Commission, whether the appli...

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